(1) Under the particular facts and circumstances
of this case, did the Ninth Circuit err in finding
that Massie's actions constitute an excessive use
of force in violation of the Fourth Amendment?

(2) Regardless of the answer to Number (1), did
the district court and Ninth Circuit nonetheless
err in denying qualified immunity to Massie when
it was not clearly established at the time of the incident (or now) that his actions constituted an excessive use of force in violation of the Fourth
Amendment?

Whether Officer Massie's actions constituted excessive force in violation of the Fourth Amendment